Legal Question in Criminal Law in Texas

In Texas, in a criminal case, at what point in the case is it too late to change attorneys? Money is an issue but in communicating with the attorney whose been paid up front, he states he's been in contact with client in jail, but hasn't -he missed the court date, but has seen the evidence. But being paid, I dont have the money for another retainer but am afraid client interest is not being protected. Is there a point that the judge will not allow a change of counsel?


Asked on 8/16/13, 7:24 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

The judge generally will allow substitution at any point as long as there is not a delay. If a lawyer comes in on the day the trial starts, the judges will allow substitution but will not allow a reset.

You will find it hard to get your money back, and it probably will not happen in time to hire another lawyer with that same money. You can ask for an accounting of time spent on the case and demand that work stop and any money not used be refunded. Most criminal lawyers take cases on a flat fee and assume the fee is earned when paid, although the State Bar does not totally agree with that.

Missing court, not visiting with the client, and lying are all good reasons to have cause for concern, and to consider hiring a lawyer to substitute on the case.

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Answered on 8/16/13, 12:47 pm


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